Marimuthu vs The Managing Director
2023 Latest Caselaw 7138 Mad

Citation : 2023 Latest Caselaw 7138 Mad
Judgement Date : 27 June, 2023

Madras High Court

Marimuthu vs The Managing Director on 27 June, 2023

                                                                           C.M.A.(MD).No.546 of 2023



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 27.06.2023

                                                     CORAM

                             THE HONOURABLE MR.JUSTICE N.SATHISHKUMAR

                                          C.M.A.(MD).No.546 of 2023
                                                    and
                                          C.M.P.(MD).No.3102 of 2023

                     1.Marimuthu
                     2.Pandimuthu                                                 ... Appellants
                                                     Vs.


                     The Managing Director,
                     Tamil Nadu State Transport Corporation,
                     Maruthupathi Nagar,
                     Karaikudi,
                     Sivagangai District.
                                                                               ... Respondent

                     Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
                     Motor Vehicles Act, against the fair and decreetal order dated 29.08.2022
                     in M.C.O.P.No.63 of 2021 on the file of the Motor Accident Claims
                     Tribunal, Additional District Court, Sivagangai.


                                   For Appellants          :     Mr.K.Kumaravel
                                   For Respondent          :     Mr.A.V.B.Krishna Kanth




                     Page 1 of 7
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                                                                                     C.M.A.(MD).No.546 of 2023




                                                        JUDGMENT

This appeal has been filed by the claimants for enhancement of

compensation.

2. The brief facts leading to the filing of this appeal are as follows:

On 06.03.2021, at about 5.00 p.m., when the deceased

Prabhakaran, who was 11th Standard Computer Science student and

studied in St.Joseph Higher Secondary School, aged about 16 years,

returning home in a two wheeler bearing Registration No.TN 63 BA

1900, the bus bearing Registration No.TN 63 N 1681 driven by its driver

in a rash and negligent manner and dashed against the two wheeler. As a

result, the deceased succumbed to injuries. It is the contention of the

Transport Corporation that only the minor boy rode the bike in a rash and

negligent manner and dashed against the bus.

3. On the side of the petitioners, P.Ws.1 and 2 were examined and

Exs.P1 to P13 were marked and on the side of the respondent, R.W.1 was

examined and no document was marked.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.546 of 2023

4. After appreciating the evidence of P.Ws.1 and 2 and the F.I.R.,

the Tribunal has found that only the driver of the offending vehicle drove

the bus in a rash and negligent manner and dashed against the two

wheeler. This aspect has not been challenged either by way of appeal or

cross objection by the Transport Corporation. However, while calculating

the compensation, the Tribunal has fixed the annual income of the

deceased at Rs.45,000/- and adopted multiplier '16', considering the age

of the mother and awarded a sum of Rs.8,51,000/- as compensation.

Challenging the same, the present appeal has been filed by the claimants.

5. In the light of the above submissions, now the point for

consideration in this appeal is whether the compensation awarded by the

Tribunal is just and reasonable?

6. It is not in dispute that the deceased was a minor, aged about 16

years and pursuing 11th standard in Computer Science in St. Joseph

Higher Secondary School. It is relevant to note that the accident took

place in the year 2021. Taking note of the consideration of the future

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.546 of 2023

prospects, after completing his education he would have earned more

amount. Merely because at the relevant point of time there was no

earning it cannot be said that no income should be fixed. Considering the

age of the deceased and he was studying 11th standard in Computer

Science, this Court is of the view that it is just and reasonable to fix a

sum of Rs.12,000/- per month as notional income. Accordingly, the same

is fixed as notional income of the deceased and added 40% towards

future prospects (Rs.12,000/- + Rs.4,800/- = Rs.16,800/-) and after

deducting 50% towards personal expenses, the total monthly income Rs.

8,400/-. Thus, the loss of dependency comes to Rs.18,14,400/- (Rs.

8,400/- x 12 x 18 = 18,14,400/-). In respect of the other aspects, the

amount awarded by the Tribunal is confirmed. The compensation is as

follows:






https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.(MD).No.546 of 2023



                        S.                 Description                 Amount
                        No
                       1.          Loss of dependency                 Rs.18,14,400/-
                       2.          Loss of estate                      Rs.16,500/-
                       3.          Loss of Filial                      Rs.88,000/-
                                   consortium
                       4.          Funeral expenses                    Rs.16,500/-
                       5.          Transportation                      Rs.10,000/-
                                   Total                              Rs.19,45,400

7. After deducting 10% towards contributory negligence on the

part of the minor, the award amount comes to Rs.17,50,860/- (Rs.

19,45,400/- - Rs.1,94,540/- = Rs.17,50,860/-.

8. In the result, the Civil Miscellaneous Appeal is allowed and the

respondent/Transport Corporation is directed to deposit the entire award

amount within a period of four weeks from the date of receipt of a copy

of this order. On such deposit, the first claimant is entitled to a sum of

Rs.1,00,000/- and the second claimant is entitled to a sum of Rs.

7,50,860/-. No costs.

27.06.2023

akv

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.546 of 2023